Participatory justice is increasingly preferred by legal professionals, but also by the population in general, because of its effectiveness and simplicity. This type of practice facilitates access to justice and avoids the need for both parties to resort to the courts to settle a disagreement. It emphasizes prevention, solution-finding and collaboration between the parties rather than confrontation.
This is particularly true for mediation, one of the best-known means of practicing participative justice. This is understandable since it is much more accessible than going to court. Of all the types of mediation, family mediation is the most popular.
The mediator’s role is to accompany the people who use his or her services by enabling them to reach an agreement, in the best-case scenario, without having to go to court. This person must be neutral, and impartial in the settlement of a file and demonstrate transparency.
The three stages of a mediation process
Let’s take a quick look at the three steps that must be taken in a mediation process.
#1.The evaluation of the participants’ situation
The first step is to evaluate your situation. The mediator will then help you identify the topics you want to discuss. He will also clarify his role in the mediation. In other words, he will direct and ensure that the process runs smoothly. In more detail, the mediator will guide the discussions to reduce communication barriers and facilitate dialogue among the participants. He will assist in reaching a voluntary agreement, ensure the confidentiality of the process and recommend the use of a lawyer for legal advice if necessary.
#2.Negotiation: finding solutions together
Then it is time to move on to the real negotiation process. The mediator must help the participants discuss all the points on which they disagree, so that they can eventually find a common agreement that satisfies everyone. The mediator will help the participants communicate their needs and interests. Of course, everything that is said in mediation is strictly confidential.
#3. Preparing Agreements
Once the negotiation period is over, it is now time for the mediator to put in writing all the elements agreed upon by the participants. He will in fact list the points on which both parties have agreed.
Advantages of audio recording in a mediation context
It is during the final stage of mediation that the use of an audio recording solution, such as Voxlog Pro, can greatly speed up the process and ensure accuracy. The mediator will be able to consult more than just his notes. He can listen to the entire mediation to make sure that no detail is missed.
Mediator, give your full attention to the participants
In this context, since the mediator must summarize in writing all of the elements discussed during a mediation, having access to an audio recording can greatly simplify the mediator’s task following the discussion. Rather than having to write down everything that is said by the participants, he can give his full attention to the participants, without constantly worrying about forgetting something. With Voxlog Pro, the task is greatly simplified
Mediator, be better prepared
The audio recording of the meetings allows the mediator to listen to them, either in their entirety or in segments, in order to be ready for each new meeting. A period of time has passed between the last meeting and the new one? You can refresh your memory. Be prepared and in control of the situation.
For customers, a feeling of confidence
Audio recording can also help people become more confident. Although this technique may seem intimidating at first, it can have the effect of making participants feel secure and creating a climate of trust with the mediator. Indeed, they are aware that everything they say is recorded. They are therefore not afraid that something will be forgotten or set aside during the negotiation. There are tracks of everything. And that’s reassuring when you have to trust someone.
*Note that this article is written in the Quebec context. And, “Pursuant to article 815.3 of the Code of Civil Procedure, nothing that has been said or written, or recorded on a mechanical medium or otherwise, during the mediation process is admissible as evidence in a judicial proceeding, except in the case of mediation on adjournment of the hearing by the judge, which is subject to the guidelines of article 815.2 C.C.P.” Free translation of Guide de normes et de pratiques en médiation familiale (2012)
